Marcus v. Gimbel Bros.
Supreme Court of Pennsylvania
Appeal, No. 177, Jan. T., 1910, by plaintiffs, from order of C. P. No. 5, Phila. Co., Dec. Term, 1906, No. 3,019, refusing to take off nonsuit in case of Isaac Marcus and Claire Marcus, his wife, v. Gimbel Brothers, Incorporated. Trespass to recover damages for personal injuries. Before Staake, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 177, Jan. T., 1910, by plaintiffs, from order of C. P. No. 5, Phila. Co., Dec. Term, 1906, No. 3,019, refusing to take off nonsuit in case of Isaac Marcus and Claire Marcus, his wife, v. Gimbel Brothers, Incorporated. Trespass to recover damages for personal injuries. Before Staake, J. The facts appear by the opinion of the Supreme Court. At the trial when Mrs. Marcus was on the stand, the following offer was made: Mr. Powell: I am going to prove that Mr. Hoffman was sent by Mr. Barrett with instructions to get the silk, and that he was to use force, if necessary, to do it, and…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is an appeal from the judgment of nonsuit di*205rected to be entered by the learned court below and from refusal upon motion made to set the same aside. The suit was brought to recover damages for injuries sustained by reason of an alleged assault and battery upon the wife of appellant under the following circumstances. His wife was engaged in the business of dressmaking and in pursuit of her business had purchased some silk from the appellee corporation. The silk proved to be unsatisfactory and Mrs. Marcus, the wife, went to the department store of appellee where…
2Cases cited5 opinions
- Moon v. MatthewsSupreme Court of Pennsylvania · 1910
- Brennan v. Merchant & Co.Supreme Court of Pennsylvania · 1903
- McClung v. DearborneSupreme Court of Pennsylvania · 1890
- Guinney v. HandSupreme Court of Pennsylvania · 1893
- Dick v. CooperSupreme Court of Pennsylvania · 1855
3Cited by17 opinions
- Luckett v. ReighardSupreme Court of Pennsylvania · 1915
- Parker v. Matheson Motor Car Co.Supreme Court of Pennsylvania · 1913
- Pilipovich v. Pittsburgh Coal Co.Supreme Court of Pennsylvania · 1934
- Derrick v. Harwood Electric Co.Supreme Court of Pennsylvania · 1920
- Blaker v. Philadelphia Electric Co.Superior Court of Pennsylvania · 1915
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